Scott and Lynette Walters 22 Sunset Way Rockhampton QLD 4700 Dear Scott and Lynette Walters, RE: Native Title Application over areas used for camel rides This letter summarises Native Title and the further information I require to provide you with legal advice particular to your situation. Native Title Native Title refers to rights Indigenous Australians have in land or waters. Native Title exists if the Indigenous group/individual proves they have an ongoing connection with lands or waters and they claim rights which are a part of their traditional laws and customs. Native Title may include rights to occupy land while excluding others, or limited rights such as the right to hunt, fish or conduct ceremonies. Native Title can be removed in a process called extinguishment. Native Title was first legally recognised in 1992 in an important Court case, Mabo v Queensland. Before then, it was thought that European Settlement of Australia removed all rights Indigenous Australians had over their land. However, the Mabo case recognised that land and waters can be 'burdened' by Native Title, which means that rights over land and waters, in some circumstances, are subject to the rights of Indigenous Australians. Native Title can be group or individual, and, unlike freehold title, can be owned by a community and cannot be bought or sold. The Native Title Act 1993 defines Native Title rights and the process of recognising those rights. Exclusive and Non-Exclusive Native Title Native Title can be 'exclusive' or 'non-exclusive,' depending on the nature of the customs and traditions of the group or individual that proves their Native Title ("Native Title holders"). Exclusive Native Title means the Native Title holders can exclude others from the land. Non- exclusive Native Title can co-exist with non- Indigenous property rights, which means the Native Title holders have to share the area with others. Student Name 19.03.2020 Relevantly, exclusive Native Title cannot exist over the sea. Only non-exclusive Native Title can remain on seas. In your situation, if non-exclusive Native Title is recognised over the inter- tidal area, you will be able to access the sea within the terms of your activity permit, because the Native Title holders will not have the right to exclude you from the seas. Native Title Extinguishment Native Title can be removed by valid laws which demonstrate a clear intention to extinguish Native Title, or if the government grants title or reserves the land in ways inconsistent with Native Title.
For instance, if freehold title has ever been validly granted over the carpark, or any of the areas, that is inconsistent with the existence of Native Title and will extinguish the Native Title. Furthermore, if the government has ever granted a crown lease, or reserved the areas for a public purpose, that will extinguish exclusive Native. However, non- exclusive Native Title could remain on the area, depending on the nature of the rights claimed. As an example, the grant of activity permits could extinguish Native Title over the inter-tidal area, depending on whether the